2013 New York Consolidated Laws
PBH - Public Health
Article 46 - (4600 - 4624) CONTINUING CARE RETIREMENT COMMUNITIES
4614 - Audits.

 
    §  4614. Audits. 1. The commissioner, or designee; the superintendent,
  or designee; and, with regard to communities for which the department of
  social services  has  regulatory  responsibility,  the  commissioner  of
  social  services,  or designee, may at any time, and shall at least once
  every three years, visit each community and examine the business of  any
  applicant for a certificate of authority and any operator engaged in the
  execution  of  continuing  care  retirement  contracts or engaged in the
  performance of obligations under such  contracts.  Routine  examinations
  may be conducted by having documents designated by and submitted to such
  commissioners or superintendent, which shall include financial documents
  and  records  conforming  to commonly accepted accounting principles and
  practices. The final written report of each such  examination  conducted
  by  such  commissioners  or  superintendent  shall  be  filed  with  the
  commissioner and, when so filed, shall constitute  a  public  record.  A
  copy  of each report shall be provided to members of the continuing care
  retirement community council. Any operator being  examined  shall,  upon
  request,  give  reasonable  and timely access to all of its records. The
  representative  or  examiner  designated   by   the   commissioners   or
  superintendent,  respectively, may, at any time, examine the records and
  affairs and inspect the community's facilities,  whether  in  connection
  with a formal examination or not.
    2.  Any  duly  authorized  officer,  employee,  or agent of the health
  department, social  services  department,  or  department  of  financial
  services  may,  upon  presentation of proper identification, have access
  to, and inspect, any records maintained by the community relevant to the
  respective  agency's  regulatory  authority,  with  or  without  advance
  notice,  to  secure  compliance  with, or to prevent a violation of, any
  provision of this article.
    3. Reports of the results of such examinations and  inspections  shall
  be  kept  on  file  by  the  commissioner  and  shall  be open to public
  inspection at the community, provided any records, reports, or documents
  which by state or federal law or regulation are deemed confidential  may
  not  be distributed or made available unless and until such confidential
  status has expired.